Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Role of crew vs passenger
  • 14 Sept 1995

    R. v. CHAN SIU YUN

    Citation
    R. v. CHAN SIU YUN
    Court
    Court of Appeal
    Case number
    CAAR9/1995

    On the facts found by the trial judge (the respondent was the helmsman of the sampan during a high-speed chase with one unauthorised entrant aboard), the Court of Appeal held the trial judge erred in ordering concurrency and in the quantum of the sentence for the sea‑safety offence; the correct disposition was a 3‑year term for the Immigration offence and a 2‑year term for the Shipping and Port Control offence to run consecutively, producing an overall sentence of 5 years because the endangering conduct was of considerable seriousness and no mitigation warranted reduction.